Please see our Privacy Snapshot below for an overview of our privacy practices.
Scope of this Policy
Personal Information We Collect
Information you provide to us:
- Your contact details and account data if you establish an online account with us (such as your name, email address, mailing address, phone number, and password).
- Your payment information if you make a purchase via the Services. We use third-party payment processors, such as Clover, to process your payments. These third parties will collect the information necessary to effectuate your transaction with us, such as credit/debit card number, security/CVV code, and expiration date. Our payment processors may handle your payment information in accordance with their own privacy policies. Airarm Sports does not have access to your full payment information.
- Tax-related information, such as your Social Security number or your entity identification number or your VAT registration number (or similar), if you (i) participate in our product review program or (ii) are a B2B customer. We will use this information to prepare your Form 1099 and other tax-related documentation related to the product review program, verify your business if you are a B2B customer, and to provide B2B customers with tax compliant invoices.
- Your communications and contact history with us (such as emails, text messages, service call recordings, chat and instant messages, or communications with our social media channels).
- Other information you choose to provide (such as product reviews, forum posts, survey responses, participation in promotions, and other user-generated content, including, but not limited to, images you upload).
Where applicable, we may indicate whether and why you must provide us with your personal information, as well as the consequences of failing to do so. For example, it may be necessary for you to disclose certain personal information in order for us to provide the Services to you.
- Purchase history and saved items (such as what you bought, what you’ve placed in or removed from your cart, or what items you’ve saved).
- Log data and device information (such as details about how you’ve used the Services, IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, location data, and page/product views or clicks).
- Geo-location information (such as IP address, browser information, or mobile GPS information).
Information we may collect from third parties, including third party services (for example if you link, connect, or login to the Services with your Google, Facebook, Instagram, or Twitter accounts) or other sources (such as your contacts who want to invite you to use the Services or brands we partner with):
- Contact details (such as your name, email address, mailing address, and phone number).
- Social media handles (such as your Facebook, Youtube or Instagram handle).
How We Use Personal Information
We use personal information for the following purposes or as otherwise described at the time of collection:
Communicate with you about our Services. It is in our legitimate business interests to use personal information to respond to your requests, provide customer support, and communicate with you about our Services, including by sending announcements, updates, security alerts, and support and administrative messages, and to administer surveys, sweepstakes, and contests.
Improve, monitor, personalize, and protect our Services. It is in our legitimate business interests to improve and keep our Services safe for our users, which includes:
- Understanding your needs and interests, and personalizing your experience with the Services and our communications.
- Troubleshooting, testing, and research, and keeping the Services secure.
- Investigating and protecting against fraudulent, harmful, unauthorized, or illegal activity.
Research and development. We may use personal information for research and development purposes in our legitimate business interests, including to analyze and improve the Services and our business, and to train our staff. As part of these activities, we may create or use aggregated, de-identified or other anonymized data from personal information we collect. We make personal information into anonymized data by removing information that makes the data personally identifiable to you. We may use this anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business.
Marketing and advertising. We, our service providers, and our third-party advertising partners may collect and use personal information for the following marketing and advertising purposes:
- Direct marketing. We may send you direct marketing communications, by email or otherwise, as permitted by law. See Your Privacy Rights and Choices below for information on how to stop receiving direct marketing communications.
Except where consent is required, we undertake such marketing and advertising on the basis of our legitimate business interests. Where we seek your consent, you may withdraw your consent at any time.
Compliance and protection. We may use personal information in our legitimate business interests to enforce and comply with our terms and policies, and to defend us against legal claims or disputes including:
- Protecting our, your or others’ rights, privacy, safety, or property (including by making and defending legal claims).
- Auditing our internal processes for compliance with legal and contractual requirements and internal policies.
- Enforcing the terms and conditions that govern the Services.
- Preventing, identifying, investigating, and deterring fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
Some processing may also be necessary to comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities, and other legal obligations such as to keep records of transactions.
How We Share Personal Information
We share personal information with the following categories of recipients:
- Within Airarm Sports.
- Companies and individuals that help us deliver our products to you, such as suppliers, payment service providers, logistics professionals, gift card suppliers, repair and assembly providers, and delivery and freight companies.
- Professional service providers who help us run our business and provide support services to us, such as marketing companies, including email providers and mobile marketing providers, software vendors, and consultants.
- Advertising partners, including for the interest-based advertising purposes described above.
- Acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Airarm Sports (including, in connection with a bankruptcy or similar proceedings).
We may anonymize your personal information and share such anonymized information with third parties for any purpose permitted by applicable laws.
Blogs, Reviews, and Forums
The Services may from time to time offer publicly-accessible blogs, reviews, or forums. Any information you provide in these spaces may be read, collected, and used by others who access them. To request removal of your information from blogs, customer reviews, or forums, please see Your Privacy Rights and Choices below. Please note that in some cases we may be unable to remove your information.
Social Media Plugins
The Sites and the Apps use social plugins, which allow you to interact with us through your Facebook, Instagram, Youtube, and other social media accounts. If you visit a page on our Sites or Apps that contains such a plugin, your browser establishes a direct connection to that social media site’s webservers. The content of the plugin is transmitted by the social media site directly to your browser and incorporated by the social media site into the Sites or Apps. By integrating the plugins, the social media site receives the information that your browser has accessed on the corresponding page of our Sites or Apps, even if you do not have an account or are currently not logged in to your account with us. We have no control over the extent and use of information that the social media site collects using this plugin.
If you interact with a social media plugin by, for example, clicking a “Like” button or leaving a comment, the corresponding information is also transmitted directly to the social media server and stored there. Depending on your settings, the information will also be posted on the social media site and displayed to your contacts or friends on the social media site. The social media site may use this information for the purpose of advertising, market research, and tailor-made pages.
To understand what information social media sites collect when you interact with their plug-ins, please review their privacy policies. You may also have the option to change your settings in the social media site to prevent the collection of your information.
Our Security Measures
We use appropriate technical and organizational safeguards designed to protect your information from unauthorized use, disclosure, and loss. We use encryption technology, including current industry-standard encryption protocols, to protect personal information in certain areas of our Sites during transmission across the Internet. We use PCI-compliant payment service providers. If you have questions about the security of your information, please contact us here.
We encourage you to take reasonable measures to protect your password and your computer to prevent unauthorized access to your account. Remember to sign out of your account and close your browser window if you are using a shared computer in a public place.
When we no longer have a need to keep your information, we will either delete it from our systems or anonymize it so that it no longer identifies you.
The Service is not directed to children, and we do not knowingly collect information from children under 18. If you are a parent or guardian and believe that we have information about your child, please contact us as described in the Contact Us section below.
Your Privacy Rights and Choices
Modify your account information. If you have a Airarm Sports account, you can review and update certain account information by logging into your account. You may also contact us to request deletion of your account. If we delete your account, you will not be able to access it.
Opt-out of marketing communications. You can stop receiving direct marketing messages from us at any time by updating your preferences here or by clicking any “unsubscribe” link in any marketing message you receive from us. It may take up to 48 hours to process your request and update our systems. If you request that we stop sending you marketing messages, we will continue to send you administrative and service communications (such as order updates and other important or transactional information). If you use more than one name or email address when communicating with Airarm Sports or using the Service, you may continue to receive communications from us to any name or email address not specified in your opt-out request.
Opt-out of text messages. You can stop receiving text messages at any time by texting “STOP”. After you send “STOP”, we may send you an additional text message to confirm that you have been unsubscribed. You will no longer receive text messages from that short code, but you may receive text messages if you are subscribed to other text lists. If at any time you have questions about the text messages, text “HELP”. After you send “HELP” we will respond with instructions on how to use our service as well as how to unsubscribe. Message and data rates may apply.
Online tracking opt-out. You can opt out of the sale of or processing of your personal information for targeted advertising purposes and limit interest-based advertising as described on our Your Privacy Rights and Choices page.
Personal information requests. Depending on your location and the nature of your interactions with our Services, you may request the following in relation to your personal information:
- Access to a copy of the personal information that we have collected about you. Where applicable, we will provide the information in a portable, machine-readable, readily-usable format.
- Correction of personal information that is inaccurate or out of date.
- Deletion of personal information that we no longer need to provide the Services or for other lawful purposes.
Additional rights, such as to object to and request that we restrict our use of your personal information, and where applicable, you may withdraw your consent.
To exercise the above rights:
- Fill out the Privacy Rights Request Form.
- Visit our “Your Privacy Rights & Choices” page.
- Contact us at firstname.lastname@example.org or at the addresses provided in the Contact Us section below.
Prior to responding to your requests, we may verify your identity by matching any requested identifying information you provide against the information we have about you. Depending on your jurisdiction, you may designate an authorized agent to make a request on your behalf. We will require the authorized agent to have a written authorization confirming that authority.
Airarm Sports will never discriminate against you for exercising any of these rights, but you may lose access to certain functionality or the ability to interact with certain programs or offers due to changes in the personal information Airarm Sports has access to after complying with your privacy requests.
Limits on your choices. In some instances, your choices may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights. If you are not satisfied with how we address your request, you may submit a complaint by contacting us as provided in the Contact Us section below.
Information for Visitors from Outside of the United States
Airarm Sports is headquartered in the United States. We may transfer your personal information to our affiliates and service providers in the United States and other jurisdictions. Please note that data protection laws of the United States and other jurisdictions may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the laws in your country.
When we engage in cross-border data transfers, we will ensure that relevant safeguards are in place to afford adequate protection for personal information, and we will comply with applicable data protection laws. For example, where our Service targets individuals in the European Economic Area, Switzerland or the United Kingdom, we may rely on an EU Commission or UK government adequacy decision or on contractual protections for the transfer of personal information. For more information about how we transfer personal information internationally, please contact us as set out in the Contact Us section below.
Airarm Sports is the entity responsible for your personal information.
Please don’t hesitate to contact us at email@example.com.
|Data Categories Collected||How We Collect||Primary Purposes of Processing||Key Disclosures||Can You Limit Sharing?|
|Identifiers such as a real name, Internet Protocol address, email address, or other similar identifiers||When you visit or use our Services; from third-party sites and services||To provide our Services; to improve, monitor, and personalize our Services; to communicate with you; for marketing and advertising||Service providers
|Personal information categories listed in the California Customer Records Statute (e.g., name, contact details)||When you visit or use our Services; from third-party sites and services||To provide our Services; to improve, monitor, and personalize our Services; to communicate with you; for marketing and advertising||Service providers
|Commercial information, including but not limited to records of products or services purchased||When you visit or use our Services||To provide our Services; to improve, monitor, and personalize our Services; to communicate with you; for marketing and advertising||Service providers||No|
|Internet or other electronic network activity information, including but not limited to browsing history and search history||When you visit or use our Services||To improve, monitor, and personalize our Services; for marketing and advertising||Service providers||No|
|Inferences drawn from information to create a profile about your behavior, preferences, etc.||When you visit or use our Services; from third-party sites and services||To improve, monitor, and personalize our Services; for marketing and advertising||Service providers||No|
|Geolocation data||When you visit or use our Services||To improve, monitor, and personalize our Services; for marketing and advertising||Service providers||No|
|Sensitive information||When you visit or use our Services||To provide our Services||Service providers
Welcome to Airarm Sports!
Privacy & Security
Information security is important to Airarm Sports. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. Airarm Sports does, however, reserve the right at all times to disclose any information as Airarm Sports deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Please click here for more information.
Intellectual Property Rights
The Sites contain valuable trademarks and service marks owned and used by Airarm Sports, including but not limited to, Airarm Sports, the Airarmsports design logo. Any use of the Airarm Sports Marks without the prior written permission of Airarm Sports is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the Airarm Sports Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the “Site Content“), are the sole and exclusive property of Airarm Sports.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.
Airarm Sports uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners.
For claims of copyright infringement, please see our Copyright Policy.
From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and other users (“User Content“).
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant to Airarm Sports that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize Airarm Sports to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate Airarm Sports’s Acceptable Use Policy set forth below.
Airarm Sports does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Airarm Sports reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. Airarm Sports has the right to refuse, remove, edit or delete any User Content and/or to terminate any user’s access to the Sites for any reason. Airarm Sports takes no responsibility for User Content.
Social Media Tag Usage
BY USING #AIRARMSPORTSMD, @AIRARM SPORTS AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES, EACH USER AGREES TO PROVIDE AIRARM SPORTS WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.
Acceptable Use Policy
By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Airarm Sports all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including Airarm Sports; (iv) impersonate any person or entity, including but not limited to, a representative of Airarm Sports, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.
You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Airarm Sports reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Airarm Sports reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Your email order confirmation and invoice will identify the seller of record for your order. For example, certain orders for shipment to destinations within the State of Illinois are sold by Airarm Sports Illinois LLC, as indicated by your email order confirmation and invoice. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and Airarm Sports reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Sites and the Airarm Sports Rewards Program described below. Airarm Sports reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Airarm Sports sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.
About Our Prices
Where a product listing on our Site references a higher price, typically denoted by a strikethrough (e.g. “$549“), such higher price represents the retail price suggested by the manufacturer or supplier. In the absence of a price suggested by the manufacturer or supplier, this price represents the highest price at which we offered or sold the product at some point in the past. For “Flash Deals”, where a product is temporarily being sold at a reduced price, an additional strikethrough price is presented that represents a recent previous price before the Flash Deal promotion. The “Sale” tag on a product listing on our Site signifies that we are selling the product at a discount from a price in the previous 90 days. The Airarm Sports’s Choice badge represents a shortlist of highly-rated, well-priced products we know customers love.
When we use the term “Closeout,” we mean either that the product has been permanently reduced and will not return to the original price or that the product is temporarily being sold at a reduced price in order to clear an overstock of either Airarm Sports or supplier inventory. Prices of products listed on our Site as “Closeout” may fluctuate during the “Closeout” promotion period for such products. For temporary “Closeout” pricing, such products may return to prices that are equal to or greater than their original prices upon expiration of the applicable “Closeout” promotion period.
We do not price match. Promotional codes can only be applied during purchase. Customer Service will be unable to honor any promotional code adjustments post-order.
Links to Other Websites
Mobile Devices, SMS, and Mobile Applications
By opting in, you agree to receive promotional and personalized marketing text messages (e.g., SMS and MMS) on your mobile device from Airarm Sports, including text messages that may be sent using an automatic telephone dialing system, to the phone number you provided when signing up or any other phone number that you designate. These messages may be recurring or one-time messages.
Message frequency varies. Airarm Sports reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Airarm Sports also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
By agreeing to receive SMS messages from Airarm Sports, you certify that (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and understand that message and data rates may apply. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Please contact your participating mobile service provider for pricing plans, participation status and details. Airarm Sports, its service providers, and the mobile carriers are not liable for delivered or undelivered content. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.
Notice to California Residents
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.
Pursuant to California Civil Code Section 1789.3, Airarm Sports provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
Communications with Airarm Sports
For all communications made to or with Airarm Sports, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and Airarm Sports will have no obligation to protect your communications from disclosure; (ii) Airarm Sports will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Airarm Sports will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Disclaimer of Warranties
Airarm Sports intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, AIRARM SPORTS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.
Limitation on Liability
IN NO EVENT WILL AIRARM SPORTS OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF AIRARM SPORTS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Airarm Sports is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.
IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU MUST PROVIDE NOTICE TO AIRARM SPORTS, PURSUANT TO THE PROCESS REFERENCED BELOW, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM IS WAIVED AND TIME-BARRED.
Agreement to Binding Arbitration; Class Action Waiver
Mandatory Informal Dispute Resolution
Airarm Sports values its customers and seeks to resolve disputes informally where possible. Before formally pursuing a Covered Dispute in arbitration, you agree to first send a detailed notice (“Notice”) to Airarm Sports by email as info@Airarmsports.com. If Airarm Sports has a dispute with you, Airarm Sports agrees to first send a detailed Notice to your e-mail address on file with us. Your Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; (3) information sufficient for Airarm Sports to identify any transaction at issue (e.g., your order number, order confirmation communication, etc.); and (4) a detailed description of your dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice. Airarm Sports’s Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it. You and Airarm Sports agree to negotiate in good faith about the dispute in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should Airarm Sports request a telephone conference with you in an effort to resolve your dispute as part of this informal process, you agree to personally participate (with your counsel if you are represented). This process should result in resolution of the dispute, but if for some reason it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, you or Airarm Sports may initiate an arbitration. Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant has certified in writing that they have fully complied with this process. This certification shall be personally signed by you or Airarm Sports. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process.
Initiating Arbitration and Arbitration Rules
Any arbitration between you and Airarm Sports shall be administered by National Arbitration and Mediation (“NAM”) in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Legal Disputes Section. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address firstname.lastname@example.org. If NAM is unavailable or unwilling to administer the proceeding under the Legal Disputes Section as written, the parties agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to the AAA Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) in effect at the time any demand for arbitration is filed with AAA, as modified by this Legal Disputes Section. If the AAA is unavailable or unwilling to apply this Legal Disputes Section as written, the parties shall mutually agree on an alternative administrator that will administer the proceeding under the Legal Disputes Section as written. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration administrator that will do so. Any arbitration will be held before a single neutral arbitrator.
To begin an arbitration proceeding, you must send the demand for arbitration or arbitration notice form made available from the arbitration administrator and supplement that form with a detailed description of your claim, including with the information required for your Notice and the accompanying signed certification of compliance with the informal process referenced above (collectively referred to as “demand for arbitration”), to NAM (or to AAA if it is the administrator as set forth above). You must personally sign your demand for arbitration. You agree to also send Airarm Sports a copy of your demand for arbitration at email@example.com.. If Airarm Sports initiates arbitration, we will send a copy of our demand for arbitration to your email address on file with us.
You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or in person in the county where you live or at another location reasonably convenient for you, or at a mutually agreed-upon location. Airarm Sports reserves the right to request an in-person or videoconference hearing at any point within 14 days after its deadline to file any answer. After that time, Airarm Sports retains the right to request an in-person or virtual hearing from the arbitrator, which the arbitrator may elect to require along with your participation (with your counsel if you are represented). Should a hearing take place in person, it shall take place consistent with the geographic parameters set forth above.
Payment of all filing, administration and arbitrator fees will be governed by the NAM Rules (or the AAA Rules should AAA be the designated administrator as set forth above). Upon a showing of financial hardship, Airarm Sports will consider your request to promptly reimburse your portion of the arbitration fees provided for in the NAM (or AAA) Rules.
The arbitrator has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.
Sole Exceptions to Arbitration
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Airarm Sports may elect to have an individual claim heard in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim and is not appealed or removed to any court of general jurisdiction; and (2) you agree that you or Airarm Sports may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Jury Trial and Class Action Waiver
Special Additional Procedures for Mass Arbitration
If 25 or more individuals seek to initiate arbitrations with Airarm Sports raising similar claims, and counsel for the individuals bringing the claims are the same or coordinated or the claims are otherwise coordinated (“Mass Claims”), you and Airarm Sports agree that these additional procedures shall apply, along with the applicable NAM Rules (or the applicable AAA Rules if AAA is the administrator as set forth above). You understand and agree that if you choose to initiate your claim as part of Mass Claims, the adjudication of your claim might be delayed. Counsel for the individuals and counsel for Airarm Sports shall each select 15 cases (per side) to be filed in and proceed in arbitration in bellwether proceedings to be resolved individually. Each case shall be assigned to a separate and different arbitrator. In the meantime, no other cases may be filed or deemed filed in arbitration, and the arbitration administrator shall not accept or administer arbitrations commenced in violation of these procedures. If the parties are unable to resolve the remaining cases after the conclusion of the first stage of bellwether proceedings, each side may select another 15 cases (per side) to be filed in and proceed in arbitration in a second set of bellwether proceedings to be resolved individually. Each case shall be assigned to a separate and different arbitrator. This process shall continue consistent with this staged process of administering and moving forward a maximum of 30 individual arbitration proceedings at a time until the parties are able to resolve all of the Mass Claims, either through settlement or arbitration. If these additional mass arbitration procedures apply to your claim, any applicable statute of limitations shall be tolled from the time the first cases are selected for a bellwether proceeding until your claim is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court shall have the authority to enforce these mass arbitration procedures and, if necessary, to enjoin the filing or prosecution of arbitrations.
You and Airarm Sports agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of the Commonwealth of Massachusetts apply. Should any action proceed in court (other than in small claims court), you consent to the exclusive jurisdiction of the federal and state courts of the Commonwealth of Massachusetts.
Right to Access
YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm that you are over age 13. If you are under age 18, you cannot make a purchase for any guns including airsoft guns, air guns, BB guns and Paintball guns.
IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER’S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE SITES.
Airarm Sports periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Airarm Sports has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
The Sites are operated by Airarm Sports from its offices in Boston, Massachusetts, USA. The Sites are intended for users who reside in the United States of America. Airarm Sports makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Airarm Sports reserves the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Airarm Sports’s Copyright Policy
This Copyright Policy describes Airarm Sports’s policy of prohibiting any information or materials that violate another party’s intellectual property rights from appearing on www.Airarmsports.com.
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for a copyright owner who believes that material appearing on the Internet infringes his, her or its rights under U.S. copyright law. Airarm Sports complies with the DMCA by responding to notices and counter-notices that meet the then-current DMCA requirements. Please visit http://www.copyright.gov/ for details about current DMCA requirements.
Notification of Alleged Copyright Infringement
If you believe in good faith that material appearing on the Site infringes your copyright, you (or your agent) may send Airarm Sports a written notification pursuant to the DMCA (a “DMCA Notice“). Your DMCA Notice should be sent to our Copyright Agent (identified below), contain all of the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and request that the material be removed or that access to it be blocked. Your DMCA Notice must contain:
- Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Site are covered by a single notification, you may provide a representative list of such works on the Site; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
- Identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material and comply with your request to remove or deny access to the material;
- Your name, address, telephone number and email address (if available);
- The electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner’s behalf;
- A statement that you have a good faith belief that use of the material on the Site as you have described in the DMCA Notice is not authorized by the copyright owner or its agent or the law; and
- A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must submit any notification of an alleged copyright infringement to Airarm Sports’s Copyright Agent.
If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that materials on the Site are infringing a copyright.
If you believe in good faith that your own copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written counter notification letter to Airarm Sports’s Copyright Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located or in Boston, Massachusetts if your address is outside the United States;
- A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party’s agent;
- Your name, address and telephone number;
- A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or web location and will no longer be shown or accessible; and
- Your physical or electronic signature.
You may submit your counter notification to Airarm Sports.
Upon receipt of a counter notice, Airarm Sports’s Copyright Agent may send a copy of it to the original complaining party informing that party that Airarm Sports may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against Airarm Sports, the removed content may be replaced or access to it restored by Airarm Sports.
You acknowledge that if you fail to comply with all of the above requirements, your DMCA counter notification will not be valid. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys’ fees.